Stewart II v. Goldsmith et al
| Robert E Stewart II |
| Bob Goldsmith, Quality Correctional Care and Thomas Lehman |
| 4:2024cv00010 |
| January 30, 2024 |
| US District Court for the Northern District of Indiana |
| Andrew P Rodovich |
| Philip P Simon |
| Theresa L Springmann |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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Filing 9
ORDER: The court DENIES the request for preliminary injunctive relief contained in Stewart's complaint; ORDERS Stewart to show cause by 4/18/2024, why his claim for injunctive relief against Sheriff Bob Goldsmith should not be dismissed as moot; and CAUTIONS Stewart that, if he does not respond by the deadline, this case will be dismissed as moot. Signed by Judge Philip P Simon on 3/25/24. (Copy mailed to pro se party). (nhc)
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Filing 8
RESPONSE IN OPPOSITION TO PRELIMINARY INJUNCTION by Bob Goldsmith . (Masson, Douglas)
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Filing 7
NOTICE of Appearance by Douglas J Masson on behalf of Bob Goldsmith (Masson, Douglas)
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Filing 6
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Sheriff Bob Goldsmith. Waiver of Service due by 3/8/2024. (Attachments: #1 Order, #2 Complaint) (cc: Tippecanoe County Sheriff's Department via mail and email)(ash)
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Filing 5
OPINION AND ORDER: The Court GRANTS Robert E. Stewart, II, leave to proceed against Sheriff Bob Goldsmith in his official capacity for injunctive relief to provide Robert Stewart with adequate medical care for his hernia, as required by the Eighth Amendment; DISMISSES all other claims; DISMISSES Quality Correctional Care and Thomas Lehman; DIRECTS the clerk, under 28 U.S.C. 1915(d), to request Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Sheriff Bob Goldsmith at the Tippecanoe County Sheriff's Department, with a copy of this order and the complaint (ECF #1 ); DIRECTS the clerk to fax or email a copy of the same documents to Sheriff Bob Goldsmith at the Tippecanoe County Sheriff's Department; ORDERS Sheriff Bob Goldsmith to file and serve a response to the plaintiff's request for a preliminary injunction no later than 2/28/2024, with supporting documentation and declarations from staff as necessary, addressing the plaintiff's current medical condition, what treatment has been provided to date, and what additional treatment (if any) is contemplated; ORDERS Robert Stewart, II to file a reply to Sheriff Bob Goldsmith's declaration, if any, within fourteen days of receiving the declaration; and ORDERS, under 42 U.S.C. 1997e(g)(2), Sheriff Bob Goldsmith to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 2/7/2024. (Copy mailed to pro se party)(ash)
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Filing 4
ORDER GRANTING #2 Motion for Leave to Proceed in forma pauperis; WAIVING the initial partial filing fee; ORDERING the plaintiff, Robert E. Stewart, II, IDOC # 973705, Tippecanoe County Jail # 6889, to pay (and the facility having custody to automatically remit) to the clerk 20% of the money received for each calendar month during which $10.00 or more is received, until the $350.00 filing fee is paid in full; DIRECTING the clerk to create a ledger for receipt of these funds; and DIRECTING the clerk to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Philip P Simon on 2/5/2024. (Copy mailed to pro se party and Inmate Trust Fund Acct @ Tippecanoe CJ)(mrm)
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Filing 3
ORDER: The Court DIRECTS the Clerk of Court to REASSIGN this case consistent with Local Rule 40-1. Case reassigned to Judge Philip P Simon for all further proceedings. Judge Theresa L Springmann no longer assigned to case. Signed by Judge Theresa L Springmann on 2/1/2024. (Copy mailed to pro se party) (sej)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Robert E Stewart II. (Attachments: #1 Trust Fund Ledgers)(mlc)
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Filing 1
PRO SE COMPLAINT against Bob Goldsmith, Thomas Lehman, Quality Correctional Care, filed by Robert E Stewart II. (Attachments: #1 Envelope) (file marked copies returned to plaintiff)(mlc)
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